DISTRICT COURT.

Westport Times, Volume V, Issue 781, 25 February 1871, Page 2

DISTRICT COURT.

SITTINGS IN BANKRUPTCY. Friday, February 24. (Before his Honor Mr Justice Ward). In re George Limbrick. In this case there was no appearance of the applicaut. The trustee applied that the insolvent's protection might be withdrawn, in consequence of his delay in carrying out the deed of arrangement. The application was granted, and bankrupt's protection withdrawn. In re Oavex O'Neil. The insolvent in this case had been put back in order to file a more complete statement of accounts. The Clerk stated that the Agent for the Provisional Trustee had furnished no further report. His Honor, addressing the insolvent, desired an explanation of the item of £399 for wages. The insolvent replied that the item was for wages paid to his sister. His Honor directed the bankrupt to be sworn, whan the following evidence was taken :—The item of £399 represents 133 weeks' wages at £3 per week, paid to Annie O'Neil. She was a weekly servant, and took money as she wanted it. His Honor: The claim must be disallowed, as all she was entitled to was a week's wages and a week's warning, amounting to £6; for any further claim she would have to prove upon the estate with the remaining

creditors. The law very properly did not allow a person to bring over relatives and put them in a position such as was described, enabling them to swallow up the whole of the assets in an estate. It was not, however, the first case of the kind that had come before him. On looking over tlui report of the trustee, he found that the books had been kept in a most unsatisfactory state, and that leaves had been toru out.

The examination of the bankrupt was then resumed. He stated that the last account he had paid was to Spence Bros, aud Co. He had paid small amounts both before and after his insolvency. His assets, at the. time of filing his schedule, conbisted of seven cows, a plot of ground containing 10,000 cabbage plants, four acres of cleared ground, besides a crop of potatoes aud other garden stuff partiallygrown. The seven cows cost him £25 per head. He was unaware what any of the stock realised. There was £l5O worth of goods in the store at Addison's, but he could not say what they realised.

His Honor: Is there no account filed by the trustee in the estate showing what has been realised ? The clerk said that £7O was about the sum realised, but no account had been filed.

His Honor thought it a most extraordinary proceeding that no account should have been filed.

Bankrupt resumed : He was clearing ground and fencing for six months previous to his filing. He had not to travel much in his business. He went to the store at Addison's three, four, or five times weekly. The item of £39, for six mouths' feed of horse and boat hire was reasonable. He had two boats of his own, but these could not be used often owing to the state of the tide. The horse was used to get in the cattle.

Thomas Watson: lam the supervisor in the estate of Owen O'Neil. The net amount was £76 that the assets realised. Ido not know what the cows realised, but, as far as I recollect, some were not sold, having been lost in the bush. The three acres of potatoes realised nothing, and a small amount was got from the sale of stores. The assets, irrespective of debts, amounted, according to the bankrupt's statement, to £SOO. The book debts are all bad.

By Mr Home: My last dealings with the insolvent were about a month before his insolvency. By the Bankrupt: I have opposed your certificate from the first. The insolvent was recalled and examined by Mr Home : I filed my declaration of insolvency on Feb. 2, 1870. I paid Spence Bros, account about Jan. Ist. I also settled with Suisted Bros, in January. I gave them two pigs, mentioning the position I was likely to be placed in, but I did not know how I should'be situated. Suisted Bros, did not rank with the other creditors. I kept a store at Addison's, and I kept a set of books, but not a regular set. I delivered them all to Mr Harris. Ido not know what the value of my stock was at Addison's. The book produced is mutilated, having been used as a waste book for milk accounts. The book might contain other accounts. 1 gave a cheque to Spence Bros, for £3O on Jan. 11. The Provisional Trustee never asked me for other books than those produced, and never spoke to me about them. There was only a small book that Harris spoke of as having the leaves torn out.

His Honor: If Harris never asked you about the books, how could you know the book referred to ?

Bankrupt resumed: It was at the trial that Harris referred to the book in my presence. My transactions with Powell amounted to £54. I kept accounts of what I owed some people, but I kept no account of others. It was about a week before I settled with Suisted that I got the goods from Powell. I did not tell Powell how I was situated, because I did not know myself. I did not know my position until I was summoned. I was summoned a day or two, or a week after the transaction with Powell. I could not say how long it was after that I settled the account with Suisted Bros. All the occurrences took place about the same time.

Mr Home said that he had been instructed to oppose the granting of the certificate, and he thought he had shown sufficient to justify the opposition. The bankrupt had paid preferential claims, had kept no proper accounts, had mutilated the books, and had purchased goods in contemplation of insolvency. His Honor held that the case was a very bad one. It was clear that the insolvent had purchased goods shortly prior to insolvency, and had filed a schedule of assets since the last examination which was grossly and palpably untrue. It was also clear that he had made away with a portion of his assets, to the prejudice of all the creditors but Suisted, when perfectly cognizant of the state of bis affairs. He should take into consideration the time that the case bad been pending, and also the fact that the bankrupt had been prosecuted criminally, but his certificate must be suspended for twelve months. In respect to the bankrupt's petition, that his legal expenses might be paid out of the estate, an order could not be granted for any expenses incurred after adjudication. In re Duncan M'Lachlan. The bankrupt was unopposed, and the trustee having reported satisfacto-

rily, an order of discharge was granted. In re JoHK Atchison Cabb. In this, as in the preceding case, the bankrupt was unopposed, and an Oi-der of discbarge granted. In re Cjesabe Nosei. The Insolvent did not appear, and the case was struck out. The Court then adjourned aine die.